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Documents on Bankruptcy, Banking & Financial Services, Government
 

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HTMLIncentive Awards Corrupted Class Action Settlement By Undermining Adequacy Of Class Representatives And Counsel
Kronick Moskovitz Tiedemann Girard A Law Corporation;
Legal Alert/Article
May 24, 2013, previously published on May 22, 2013
The United States Court of Appeals for the Ninth Circuit recently considered “the issue of whether class representatives and class counsel are adequate where the settlement agreement conditions payment of incentive awards on the class representatives’ support for the settlement.”...

 

HTMLWelcome To The Linguistic Neighborhood: Defalcation After Bullock v. Bankchampaign, N.A.
Eric J. Breithaupt; Stites & Harbison, PLLC;
Legal Alert/Article
May 23, 2013, previously published on May 20, 2013
In a unanimous decision released on May 13, 2013, in Bullock v. Bankchampaign, 569 U.S. --- (2013), the United States Supreme Court answered the question as to the legal definition of “defalcation” in the context of non-dischargeability in bankruptcy cases. The decision is largely one...

 

HTMLCompliance Issues Remain a Hot Topic
Alan C. Hochheiser; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
May 20, 2013, previously published on May 15, 2013
As with the past several months, our concentration continues to be on Compliance issues. It is the hottest topic in the collection and bankruptcy industries. The Consumer Financial Protection Bureau (CFPB) continues to be in the news. On April 23rd, Richard Cordray, Director of the CFPB, provided...

 

Adobe PDFNinth Circuit Overrules Longstanding (But Questionable) Bankruptcy Appellate Panel Precedent to Allow Bankruptcy Court to Re-Characterize Debt as Equity
Kevin W. Coleman, Valerie Bantner Peo; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
May 20, 2013, previously published on May 2013
Bankruptcy trustees and lenders to a potentially insolvent debtor — particularly any lender who has or intends to acquire an equity stake in the borrower — should take note of a recent decision by the U.S. Ninth Circuit Court of Appeals.

 

HTMLCFPB’s Proposed Rule Regarding Non-Bank Student Loan Servicers
Joseph M. McCandlish; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
May 20, 2013, previously published on May 15, 2013
On March 14, 2013, the Consumer Financial Protection Bureau (CFPB) proposed a rule that will allow it to supervise certain student loan servicers. “Under the rule, any non-bank student loan servicer that handles more than one million borrower accounts will be subject to CFPB supervisory...

 

HTMLAlabama Federal Court Affirms Bankruptcy Court’s Holding That Filing a Proof of Claim on Time-Barred Debt Does Not Amount to an FDCPA Violation
Rachel R. Friedman, Alan D. Leeth; Burr & Forman LLP;
Legal Alert/Article
May 17, 2013, previously published on May 13, 2013
In a consolidated appeal of two cases from the United States Bankruptcy Court for the Middle District of Alabama, the United States District Court for the Middle District of Alabama held last week that the filing of a proof of claim in a debtor’s bankruptcy case does not amount to an FDCPA...

 

HTMLBankruptcy Court Approves Repayment of Aircraft Debt Without Payment of Make-Whole Premium
Hollace Topol Cohen, Michael A. Karpen, Michael "Mike" A. Leichtling, Shawn D. Rafferty, Carolyn Peterson Richter; Troutman Sanders LLP;
Legal Alert/Article
May 16, 2013, previously published on May 15, 2013
The recent decision of the bankruptcy court presiding over the chapter 11 proceedings of AMR Corporation (“AMR”) and its affiliated debtors (the “Debtors”) provides guidance on the impact that the filing of a chapter 11 case may have on the enforceability of a make-whole...

 

HTMLThe "Olympics of Restructuring:" Kevyn Orr Named Detroit’s EFM
Tamar N. Dolcourt; Foley & Lardner LLP;
Legal Alert/Article
May 3, 2013, previously published on May 2, 2013
Kevyn Orr, a University of Michigan Law School graduate and former partner at the law firm Jones Day, has been selected by Governor Rick Snyder as Detroit’s Emergency Financial Manager (EFM). As EFM, Orr will be responsible for overhauling Detroit’s finances and city services, including...

 

HTMLReports Of Late Payments To Credit Reporting Agencies While Bankruptcy Is Pending Do Not Violate Federal And State Fair Credit Reporting Laws
Kronick Moskovitz Tiedemann Girard A Law Corporation;
Legal Alert/Article
May 3, 2013, previously published on May 2, 2013
After filing for Chapter 7 bankruptcy, a consumer discovered that her credit report listed delinquent payments to a bank even though she had been current with her payments up to the date she filed. After disputing the report without correction by the bank, the consumer sued the bank for violations...

 

HTMLTransfer $8 Million Out Of Accounts In New York? That Action Alone Is Not Sufficient To Establish Personal Jurisdiction
Mark E. McGrath; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
May 3, 2013, previously published on April 30, 2013
In Henkel v. Masiero, Index No. 650425/2012 (N.Y. Sup. Ct., N.Y. Cnty. Mar. 18, 2013) (the “Opinion”), the Supreme Court (J. Bransten) granted the defendants’ motion to dismiss for lack of personal jurisdiction on the grounds that one telephone call with a bank was not sufficient...

 


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